Creations of mind are considered to be as valuable as other forms of property and are termed as Intellectual Property. These include scientific inventions, literally and artistic works, symbols, and...
It takes sweat, hard work and determination to create a unique masterpiece. Original work is priceless and needs to be preserved by its creator. The inventor can safeguard his work from any kind of infringement by attaining a Patent Registration Certificate. It grants legal protection of intellection property for 20 years. Therefore, a work which has Patent cannot be manufactured, copied, sold or imported without the permission of its inventor.
Moreover, the Patentee can avail royalty in exchange for his work. If you also want to register a Patent, then this document will be very beneficial for you. It will guide you about the process, eligibility, benefits and other important aspects related to Patent Registration.
What is a Patent?
A Patent refers to an exclusive right that the Government grants to an inventor for a limited period which eliminates others from using, re-making, selling or importing his invention. The objective of Patent law is to encourage the progress of new technology, industries, scientific and research. Patent Act 1979 and Patent Rules 1972 regulate Patent Registration procedure in India.
Patent Registration Certificate can be obtained only for the following inventions:
- Novelty- An applicant has to ensure that his proposed work for a Patent is novel and does not exist already. Also, the new invention must never have been presented in Patent Registration Office before.
- Inventive step- The invention should be non-obvious and must contain some technical advancement or inventive step than a skilled art.
- No prior Art- As the name suggests, theprior Art is evidence that your invention is already familiarized to the public. A prior Art does not necessarily exist physically or available commercially.
- Industrial Application- The proposed invention has to be efficient in being produced or manufactured in some industry. Your invention must be able to deploy as a device, apparatus and a product in the industrial process.
Advantages of getting a Patent Registration Certificate
There are various benefits of registering a Patent and some of them are as follows:
- Protection- Patent helps to protect an intellectual property and prevent others from using it without prior consent from its inventor.
- Transfer Patent- The biggest perk of Patent work is that it can be sold, franchised and transferred. Thus, it helps to generate more revenue.
- Valid for 20 years- Once you get a Patent for your invention, it will be protected and sustain the business in a long run.
- Royalties– Patenteecancharge a Royalty in exchange of his work.
- Monopoly– A Patent marks ownership of the inventor, thereby giving him a competitive edge in the market.
Checklist of inventions that cannot have Patent
Patent Act, 1970 prescribes the inventions which are not eligible for Patent Registration:
- The invention or created work must not go against the natural laws.
- The invented project must not have the potential to cause any direct or indirect harm to human, animal and environment.
- It must not be similar to a design of an Abstract Theory or a mere Disclosure of a Scientific Principle.
- If the processor or mechanism used is already known, unless the invention shall result in the development of a new product, one cannot apply for Patent Registration Certificate.
- In case you have created something new by just rearranging devices in a unique format or different manner, then it will not be applicable for Patent.
- Any invention excluded by the Patents (Amendment) Act, 2002 cannot be filed to Patent Registration Office.
- If the invented method is utilized for Horticulture or Agriculture purposes.
- When a person invents something related to the surgical, medical, Prophylactic diagnostic, Curative, Therapeutic or any human treatment.
- Discovery of a process which can be used to treat animal diseases.
- Inventions that can be used to produce animals, plants like seeds, varieties, species, or any biological processes.
- Also, any computer program or Mathematical tool does not fall in the list of Patent Registration.
- Inventions in domain of Literature, Drama, Music or any Artistic work such as Cinematography or Television.
- Game methods or strategies cannot have Patent.
- Any source of informative presentation cannot be filed for the Patent.
- An invention in regards to Atomic energy cannot have Patent.
- When the invention acquires equivalent properties of conventional components.
Procedure to obtain Patent Registration Certificate in India
Follow the step by step process given below to register a Patent for your new creation:
- Check the Novelty status– The first step is to ensure that your proposed invention is new and unique. Visit the official portal of Indian Patent Advanced Search System and do Patent search before applying.
- File an Application- Now you need to file the Application of Patent Registration which must entail the specification, legal document stating the scientific methods with the Patent rights. It is prudent to seek the guidance of an experienced Patent lawyer in the process.
- Provision specification- It is better to file the provisional specification as it is given more priority and a period of 12 months will be provided to you to show up with full invention.
- Complete specification- Within 12 months of filing the Provisional Specification, you have to file Complete Specification. If you fail to submit Complete Specification within the stipulated timeframe, then your invention shall be considered as abandoned.
- Submit Patent Application- Its time to file the Application with the Intellectual Property department along with all the essential documents.
- Publication of Patent– Your Application will be published in an official Journal within 18 months from the date of filing to raise objections (if any).
- Assessment of Application- Patent Office will conduct a thorough inspection to validate the provided information and then check if your invention is already registered or not.
- Issue of the Certificate- When all the conditions are met and the examiner gets satisfied by the information, the Patent Officer will then grant you Patent Certificate.
If you want legal assistance in the process of Patent Registration, contact Swarit Advisors.
Also, Read: What is Trademark Assignment?.